The Manawatu Times. WEDNESDAY, JUNE 19, 1878.
Amongst the resolutions submitted to the public meeting on last Wednesday, there was one having reference to the establishment of a District Court at Palmerston, upon wbich we wish to make a few remarks. It was a matter for regret that so important a resolution should have been left until the tail end of the meeting, inasmuch as tlio geulleinen who. moved and sap ported it, were placed at a disadvantage m speaking to ther quest ion, aud- were, •dep rived" of opportunity of ' detailing at any length the very great benefits to be derived from the step. Fortunately the matter has been mooted at a most opportuue tiuio, as the Government has m contemplation the establishing of several additional District Courts m the Colony. By the Act of 1858, which established such tribunals,- the juris-, diction of the presiding Judge was limited to the extent of £100, hot eight years later it was fouud advisable, by the Jurisdiction Extension Act of 1866, to give additional power, and to increase the limib to £200. Such a boon were those cheap courts pf law, and so well, have* they answered #he ends for which they were instituted", tbat we are not surprised to see ainovemerit ou foot, not only to introduce thorn into new districtSj but also that it is advocated : that the N ; Jurisdic tiou Extension Act shall be further improved, and power given f 6 r adjudication, up to £500; In support of the latter step we fiud his. Honor Judge Weston at a recent sitting of the Hotkitika District Court , remarking on i the anomaly presented m restricting the jurisdictibu, of District Courts to £200 m recovering debts, whilst they had unlimited 'jurisdiction m bankruptcy and miuing cases, where thousands were involved, and m their, criminal jurisdiction could inflict sentences of seven years. Tbe present circumscribed jurisdiction frequently occasioned actual injustice, as suitors repeatedly put up with; serious loss rather than risk litigation m the Supreme CoU»*t, where costs were so heavy. Perhaps one of the. greatest pleas which could be put forward m support of the establishment of District Courts, is the inexpensive nature of their proceedings j as, strange as- it may appear, many of the fees are less than those charged at tbe Resident Magistrate's Court. In addition to that very cogeut argument, the
litigants have it m tbeir power to determine by consent whether the decision of the Judge shall be final, thus debarring either from making an appeal to a higher Court; and either plaintiff or defendant can, by giving seven days' notice, aud complying: with certain conditions claim trial before a jury of four. Notwithstanding these very great benefits, there is another phase which perhaps outweighs all else, aud can, be put forward as tbe strongest reason why m wide-spread districts, such Courts should be established, and that is," the inconvenience aud expense m both civil and criminal cases m taking plain' iffs, defendants, prisoners, counsel and witnesses, scores of miles away from the scene of the suit or crime. Take for instance the recent case against Fisher aud Goker, iv which counsel, and a host of witnesses were taken to Wanganui, aud detained there for close upon a week, wherein if a District/ -Court;' bad sat at Palmerstou four-fifths of the expense, aud all tbe inconvenience could have been obviated. , "We notice that by tbe arrangement recently made, Mr. Mansford, the j newly-created District Judge for the East Coast of tbe Provincial District of "Wellington, will visit tb c Wai'rdrapa, an d i t i s j v st poss i - ble that if representation were made to tbe Minister foe Justice, the Manawatu might be included m hfs judicial circuit. The saviug and couveuience both to the Crown and .public would be immense, as iv the former case iustead of. 'dragging witnesses eighty or a hundred miles away, and detaining them from their business for days, tbe only expense would be the travelling charges of tbe Judge, which would be found but a small item "when contrasted with the expense aud iuconvenieuce experienced at present. As the two legal gentlemen m Palmerston are iv accord with the public feeling upon the question, *we trust to see some decided .steps taken m the matter without delay.
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Bibliographic details
Manawatu Times, Volume III, Issue 72, 19 June 1878, Page 2
Word Count
722The Manawatu Times. WEDNESDAY, JUNE 19,1878. Manawatu Times, Volume III, Issue 72, 19 June 1878, Page 2
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